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2026:APHC:27064 APHC010092762023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No.4685 of 2023 Between:

1. AVULA PENCHALA NARASIMHAM, S/O CHINA PENCHALAIAH, AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O DACHURU (VIL), KALUVAI MANDAL, S.P.S.R. NELLORE

DISTRICT ...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR

DISTRICT, ANDHRA PRADESH STATE.

2. THE SPECIAL COLLECTOR L A, TELUGU GANGA PROJECT, MULAPETA, NELLORE,

3. THE SPECIAL DEPUTY COLLECTOR LA, TELUGU GANGA PROJECT, RAPUR AT NELLORE, MULAPETA, NELLORE,

S.P.S.R.NELLORE DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying compensation for 1509 pomegranate trees situated in the Land in Sy.No.383-1, extent Ac.5.03 cents of Dachuru (Vil), Kaluvai Mandal, S.P.S.R.Nellore District, is arbitrary, illegal, without jurisdiction, against the principles laid down in the judgement of the Hon'ble High Court at Hyderabad in L.A.O. cum Revenue Divisional Officer, Domalaguda, Hyderabad Vs Mekala Pandu AND others as confirmed by the Hon'ble Supreme Court of India in Civil Appeals

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Nos.7904-7912 of 2012 dt.04-08-2014 and consequently direct the respondents to pay the compensation @ Rs.4000/- per one pomegranate tree for 1509 pomegranate trees to the Petitioner with all

statutory benefits.

Counsel for the Petitioner:

1. CH C KRISHNA REDDY

Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION

2. GP FOR IRRIGATION COMM AREA DEV

The Court made the following:

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ORDER:

Precisely, the present Writ Petition is filed to declare the action of

the respondents in not paying compensation for 1509 pomegranate trees situated in the land in Sy.No.383-1, in an extent of Acs.5.03 cents of Dachuru village, Kaluvai Mandal, SPSR Nellore District, as arbitrary, illegal and without jurisdiction and such action of the respondents is contrary to the judgment of the erstwhile High Court of Andhra Pradesh in L.A.O.-cum-Revenue Divisional Officer, Domalaguda, Hyderabad, Vs. Mekala Pandu & others reported in 2004(2) ALD 451, Larger Bench; consequently, prayed to direct the respondents to pay compensation @ Rs.3,000/- per each pomegranate tree, relying on the judgment in L.A.A.S.No.35 of 2019 and batch dated 27.09.2023. A Division Bench of this Court has disposed of batch of L.A.A.S., enhancing the compensation from Rs.32.49 paisa to Rs.3,000/- per each pomegranate tree, notwithstanding the G.O.Ms.No.1307 dated

23.12.1993.

2. The 3^rd respondent-Special Deputy Collector (L.A.), Telugu Ganga Project, has filed counter and stated that the petitioner has been paid compensation to the trees existing on the land at the time of passing of award @ Rs.32.49/- per each tree to the total 1509 trees as

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per the report furnished by the Assistant Director, Horticulture, Nellore, by adopting capitalization method on par with the patta land owners and the present Writ Petition is filed after long lapse of 40 years and relied on the judgment of the Hon’ble Apex Court in the case of Thirunagalingam Vs. Lingeswaran reported in 2025 SCC Online SC 1093, and it is stated that the principle culled out by the Apex Court in the above judgment for filing of Writ Petition after long lapse of time have not been met by the writ petitioner, hence prayed to dismiss the

Writ Petition.

3. Per contra, learned counsel for the petitioner has relied on the judgment of the Hon’ble Supreme Court in the case of Tukaram Kana Joshi and others, through P